Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence.
On March 30, Governor Holcomb signed Executive Order 20-13. Among other things, Order 20-13 allows the Department of Health to open, staff, and equip temporary facilities if Indiana's hospital's become at or near capacity; creates limited exceptions to Indiana's licensing requirements for health care workers and creates a registration requirement for those workers who qualify for an exception.
H.R. 748, The Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), includes an important provision (Section 3215) for health care providers who provide volunteer care during the current crisis. In general, Section 3215 grants protection from medical malpractice lawsuits to volunteer healthcare workers who provide care within the general scope of their practice to victims of COVID-19.
Telemedicine provides a clear and obvious benefit for those in need of medical care during the COVID-19 crisis. Staying home while receiving medical care protects the patient, health care providers, and all who come into contact with them.
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